It is very difficult to remove a spouse from the marital residence, regardless of title. In fact, it is possible to obtain possession of the...

Separation agreements may be invalidated or set aside for cause, including unconscionability, fraud, duress and coercion, or lack of capacity to...

Many well-drafted wills and trusts include a provision incorporating the provisions of Virginia Code Section 64.2-105, which gives a fiduciary,...

A person whose possession of real property is initially legal, but subsequently becomes illegal, is known as a tenant at sufferance. The owner of...

Trusts may be testamentary or inter vivos. A testamentary trust is created by a will upon the testator's death. An inter vivos trust is made or...

How do I request representation at an emergency hearing

The 6th Amendment to the U.S. Constitution guarantees the right to the assistance of counsel for the defense of an accused in a criminal...

A party to a lawsuit or other litigation may move the court for leave to file a late responsive pleading. Lawyers use the term continuance to...

What happens if I have no income or ability to pay a judgment for spousal support arrears?

Support can be enforced as a money judgment or through the court's contempt powers. Willful contempt of a court order can result in jailing, and...

Adultery is relevant to spousal support and equitable distribution in Virginia. Adultery can bar spousal support, unless the judge finds by clear...

Is a widow required to pay a deceased spouses debt?

It depends. Upon death, a person's debts become debts of the estate. A spouse is not normally liable to third parties for debts of his or her...